Doe v. Astrue

Filing 16

ORDER granting defendant's request for leave to file motion to dismiss prior to initial case management conference; Signed by Judge Marilyn Hall Patel on 6/10/2009. (awb, COURT STAFF) (Filed on 6/11/2009)

Case3:09-cv-00980-MHP Document12

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ANDREW Y.S. CHENG (SBN 164613) Assistant United States Attorney MICHAEL T. PYLE (SBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Federal Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JOHN DOE, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-980 MHP E-FILING CASE ADMINISTRATIVE MOTION AND [PROPOSED] ORDER FOR LEAVE TO FILE MOTION TO DISMISS PLAINTIFF'S COMPLAINT Date: Time: Courtrm: July 13, 2009 2:00 p.m. 15, 18th Floor

16 17 18 19 20 MICHAEL J. ASTRUE, Commissioner of Social Security Defendant.

The Federal Defendant seeks this Court's leave to file its motion to dismiss. 21 Jurisdictional motions can be raised at any time, even for the first time on appeal. DBSI/TRI IV 22 23 Because this case involves potentially time-consuming discovery, the Federal Defendant 24 seeks permission to have the threshold jurisdictional issues determined as early as possible. 25 At the most recent case management conference involving the Davis v. Astrue case, the 26 Court invited the Federal Defendant to file its motion to dismiss and set a hearing date for July 27 13, 2009. 28 Ltd. Partnership v. U.S., 465 F.3d 1031, 1037-38 (9th Cir. 2006).

Case3:09-cv-00980-MHP Document12

Filed06/08/09 Page2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDER The Court, having considered the Federal Defendant's motion and having previously ordered the Federal Defendant to notice the motion to dismiss for July 13, 2009, hereby grants permission to file the motion to dismiss. Dated: June 8, 2009 ___________/s/_________________ ANDREW Y.S. CHENG MICHAEL T. PYLE Assistant United States Attorneys Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney The Federal Defendant respectfully seeks the Court's permission to file the motion to dismiss.

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IT IS SO ORDERED. DATED:__June_10,_2009 _______ ___ __ ____

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